The purpose of this chapter is to enhance the public welfare
by enacting a citywide inclusionary housing ordinance to require the
development of rental housing affordable to lower income households
in conjunction with market-rate housing, or payment of an in-lieu
fee. This ordinance is intended to assist the city in meeting its
regional share of housing needs and implementing the goals and objectives
of the general plan, including the housing element and any applicable
specific or community plans.
(Ord. 5416 § 7, 2004; Ord. 5928 § 3, 2019)
A. This
chapter shall apply citywide to the new construction of all rental
housing developments, as defined in this chapter.
B. Definitions. The following definitions shall apply to the
requirements of this chapter:
“Adjusted for household size appropriate for the unit”
means for a household of one person in the case of a studio
unit, two persons in the case of a one-bedroom unit, three persons
in the case of a two-bedroom unit, four persons in the case of a three-bedroom
unit, and five persons in the case of a four-bedroom unit. As used
in this chapter, this phrase is a benchmark used in the calculation
of affordable housing cost and is not meant to be, and shall not be
construed to set, an occupancy minimum or maximum.
“Affordable housing cost”
means the total housing costs paid by a qualifying household,
which shall not exceed a specified fraction of their gross income,
adjusted for household size appropriate for the unit. Rental rates
for inclusionary units shall be calculated as follows:
1.
Rental rates for very low income households shall be calculated
as follows: 30% of 50% of the Los Angeles County area median income
adjusted for household size appropriate for the unit.
2.
Rental rates for low income households shall be calculated as
follows: 30% of 60% of the Los Angeles County area median income adjusted
for household size appropriate for the unit.
“Density bonus”
means a density increase over the otherwise maximum allowable residential density specifically provided for in California
Government Code Sections 65915 et seq., and Glendale Municipal Code Chapter
30.36.
“Developer”
means any person, firm, partnership, association, joint venture,
corporation, or any entity or combination of entities, that applies
for city approvals, permits or entitlements for all or part of a housing
development.
“Housing development”
means a rental development project of eight or more dwelling
units proposed to be constructed in the city. For purposes of this
chapter, “housing development” also includes a subdivision,
planned unit development or common interest development, as defined
in Section 4100 of the
Civil Code, approved by the city, and consists
of residential units or unimproved residential lots.
“Implementation policies”
means written policies and guidelines consistent with this
chapter, on file with the community development department, to assist
in the implementation and enforcement of this chapter.
“Inclusionary housing plan”
means the plan referenced in Section
30.35.080(A) and further described in the Implementation Policies, which sets forth the manner in which the requirements of this chapter will be implemented for a particular housing development.
“Maximum residential density”
means the maximum number of residential units permitted by the applicable zoning designation. The maximum density for a housing development on a lot that qualifies for additional density based on lot width, as provided in Section
30.11.030, shall be the highest allowable density within the zoning designation. In the downtown specific plan (DSP) area, the maximum number of units shall be calculated by determining the maximum number of units allowed within the building envelope that would be created by complying with all of the design standards and guidelines in the DSP, including, but not limited to, height, number of stories, setbacks, FAR, and minimum unit size. For mixed-use projects in the DSP, the maximum residential density shall exclude all square footage dedicated to nonresidential uses. This definition is intended to be consistent with, and applied in the same manner as, the same or similar term in California
Government Code Section 65915(o) and Glendale Municipal Code Section
30.36.030.
“Total housing cost”
means the total monthly or annual recurring expenses required
of a household to obtain shelter. For a rental unit, total housing
costs include the monthly rent payment and utilities.
(Ord. 5416 § 7, 2004; Ord. 5928 § 3, 2019)
A. All new housing developments shall reserve 15% of the lesser of either the maximum residential density or the number of residential units proposed by the developer (prior to the grant of any density bonus), as units affordable to low income households, as defined in this chapter. Subject to exercise of the options described in subsections
B and
C of this section, inclusionary units shall be comparable to noninclusionary units with respect to square footage, size, unit mix, design, quality, workmanship and finishes, and shall be dispersed throughout the housing development and shown on the inclusionary housing plan to the satisfaction of the community development department. Alternatively, the developer shall have the option to develop inclusionary units off-site, acquire and rehabilitate existing market rate units or pay an in lieu fee, as provided elsewhere in this chapter.
B. Inclusionary Unit Smaller Per Unit Floor Area Option. Notwithstanding subsection
A above, the developer may request to provide inclusionary units with per unit floor area less than the per unit floor area of non-inclusionary units. If the developer chooses this option, the developer shall provide additional inclusionary units above and beyond the minimum number of inclusionary units required, provided the total required floor area of all inclusionary units remains the same or is greater, consistent with the Implementation Policies and to the satisfaction of the director of community development. In no event may a developer who chooses this option use the additional inclusionary units to increase the amount of density bonus or the amount of or nature of the incentives, concessions or waivers granted or applied for under a density bonus application.
C. Inclusionary Unit Mix Option. Notwithstanding subsection
A above, a developer may request to provide a different unit mix of the inclusionary units than the unit mix of the non-inclusionary units. If the developer chooses this option, the developer shall provide inclusionary units with at least a 10% increase in bedroom count, consistent with the Implementation Policies and to the satisfaction of the director of community development.
(Ord. 5416 § 7, 2004; Ord. 5928 § 3, 2019)
Affordable units may only be rented by qualified low income
households for a minimum of 55 years, as secured by recorded covenants.
(Ord. 5416 § 7, 2004; Ord. 5928 § 3, 2019)
A. Any fractional unit resulting from the calculation of the inclusionary requirement referenced in Section
30.35.030 will be rounded up to the next whole number or the developer may elect to pay the appropriate in-lieu fee for the fractional unit.
B. Senior Citizen Housing Development. Any senior citizen housing
development as defined in Sections 51.3 and 51.12 of the California
Civil Code is subject to the inclusionary unit requirements contained
in this chapter. All inclusionary units within an all senior development
shall remain restricted to seniors, with the exception of the on-site
manager’s unit.
C. Density Bonus Affordable Units. To the extent required by
state law, all affordable units required pursuant to the grant of
a density bonus shall count toward the inclusionary unit requirement
contained in this chapter. Very low income density bonus units shall
be equivalent to low income inclusionary units.
(Ord. 5416 § 7, 2004; Ord. 5928 § 3, 2019)
A. Developers
of housing development projects may choose to pay a fee, or comply
with the requirements of this chapter through a combination of payment
of a fee and the provision of units, in-lieu of providing all inclusionary
units on site.
1. Amount of fee. The amount of the in-lieu fee shall be calculated
in compliance with the fee resolution adopted by the city council.
2. Timing of payment. The fee required by this section shall
be paid to the satisfaction of the director of finance before issuance
of a temporary or final certificate of occupancy for the approved
project.
3. Basis for fee computation. Fees paid to fulfill the requirements
of this chapter shall be computed based on the number and size of
the units to be constructed. Unit size shall be calculated based on
gross livable floor area, including private balconies, decks and patios.
4. Affordable housing trust fund. Fees paid to fulfill the requirements
of this chapter shall be placed in the city’s affordable housing
trust fund. The funds shall be used exclusively for housing projects
which target extremely low, very low, low, and moderate income households.
B. Notwithstanding
the fact that ownership residential projects are exempt from the inclusionary
housing requirements contained in this chapter, a developer of an
ownership residential project shall, prior to issuance of the project’s
building permit, execute a covenant, in a form acceptable to the city
attorney, agreeing to payment of the in-lieu fee in the event the
units are rented prior to being sold. The covenant shall be secured
by the posting of a cash bond in a form satisfactory to the city attorney
guaranteeing the developer’s agreement to pay the in-lieu fee
under the terms of the covenant. The Implementation Policies shall
provide a mechanism for partial release of the covenant and bond upon
sale of individual units.
(Ord. 5416 § 7, 2004; Ord. 5928 § 3, 2019)
Developers of housing development projects may choose to comply
with the requirements of this chapter by building the required inclusionary
units off site, at a site other than the site of the housing development,
in lieu of providing the inclusionary units on site. In addition to
all requirements of this chapter, off-site development of required
inclusionary housing, at one or more approved sites, shall be subject
to all of the following requirements and those contained in the inclusionary
housing plan for that housing development:
A. The
number of units to be provided off site shall be consistent with the
requirements of this chapter;
B. All off-site inclusionary units will contain, on average, the same number of bedrooms as the non-inclusionary units in the project, and shall be comparable with the non-inclusionary units in terms of square footage of individual units, overall unit mix, appearance, finished quality, materials, and even distribution throughout the building, subject to the options set forth in Section
30.35.030(B) and
(C);
C. All
inclusionary off-site units shall be constructed before or concurrently
with the main project and final approval of the project shall be contingent
upon completion and final approval of the inclusionary units;
D. Off-site
inclusionary units shall be allowed only in those areas which are
designated in the General Plan for the densities proposed by the developer
and comply with zoning regulations and standards;
E. Off-site
inclusionary units shall be located within one mile of the housing
development and within the city of Glendale; and
F. All
off-site inclusionary units shall be rental units.
(Ord. 5416 § 7, 2004; Ord. 5928 § 3, 2019)
Developers of housing development projects may choose to comply
with the requirements of this chapter through the acquisition and
rehabilitation of off-site existing market-rate units in the city
of Glendale for conversion to units affordable to low income households
only, in lieu of constructing inclusionary units on the site of the
new housing development. This option is subject to all of the following
requirements and those contained in the inclusionary housing plan
for that housing development:
A. At
the time the developer submits the first permit or entitlement application
for the new housing development, the existing market-rate units proposed
to be substantially rehabilitated for conversion into inclusionary
units are under citation for substantial building code violations,
as determined by the building official;
B. All
of the existing market-rate units proposed to be substantially rehabilitated
for conversion into inclusionary units are and remain vacant for a
minimum of 90 days prior to the date the developer submits the first
permit or entitlement application for the housing development;
C. The
existing market-rate units are or will be substantially rehabilitated,
as defined in this chapter, and thereafter comply with all applicable
building and housing codes;
D. The
substantial rehabilitation of the existing market-rate units to be
converted to inclusionary units is or will be completed prior to or
concurrently with the market-rate housing development;
E. A physical
needs assessment is completed, to the satisfaction of the city, with
respect to each market-rate dwelling unit to be acquired and rehabilitated,
the property upon which it is located, and any associated common area;
and all items identified in the physical needs assessment needing
repair, replacement and maintenance at the time of the assessment
or that will likely require repair or replacement within three years
of the assessment, are or will be completed prior to the approval
of each market-rate unit as an inclusionary unit;
F. Environmental
review of the site upon which the existing market-rate units are located
for the presence of hazardous materials and geological review of such
site for the presence of geological hazards is completed and shows
that the site is clear of all such hazards, to the satisfaction of
the city;
G. The unit mix (in terms of bedroom count) of the substantially rehabilitated inclusionary units shall be substantially similar to the unit mix in the new market-rate housing development, as set forth in the Implementation Policies. The substantially rehabilitated inclusionary units shall also be comparable with the market-rate units located in the new housing development in terms of square footage of individual units, appearance, finished quality, materials, and even distribution throughout the building, subject to the options contained in Section
30.35.030(B) and
(C);
H. The
substantially rehabilitated inclusionary units shall be rental units;
I. The
inclusionary housing restrictions shall be recorded against the market-rate
housing development and the rehabilitated inclusionary units pursuant
to this chapter and the Implementation Policies; and
J. The
term of affordability of the substantially rehabilitated inclusionary
units shall be 55 years commencing upon initial occupancy of the inclusionary
units to the targeted income group at an affordable housing cost.
(Ord. 5928 § 3, 2019)
A. Procedures. In accordance with the standards and procedures set forth in the Implementation Policies, for any proposed new construction or substantially rehabilitated housing development, as defined in Section
30.35.020, the developer shall:
1. Submit
an inclusionary housing plan for approval by the director of community
development, setting forth in detail the manner in which the provisions
of this chapter will be implemented. If a density bonus housing plan
is also requested, the director of community development may elect
to combine the inclusionary housing plan and the density bonus housing
plan into one plan;
2. Execute and cause to be recorded an inclusionary housing agreement subject to review and approval by the city attorney, unless a developer elects to comply with this chapter solely through payment of the in-lieu fee alternative referenced in Section
30.35.060. If a density bonus or incentive(s) pursuant to Chapter
30.36 is also requested, the director of community development may elect to combine the inclusionary housing agreement and the density bonus housing agreement into one agreement. The agreement shall at a minimum include:
a. Whether an in-lieu fee is required and the amount;
b. The number of inclusionary units to be provided;
c. The number of units at each applicable rent level;
d. A list of any other incentives or conditions approved for the project;
and
e. A requirement to notify the city upon occupancy of each inclusionary
unit.
The Implementation Policies shall describe the submission and
review timelines for the inclusionary housing plan and inclusionary
housing agreement in further detail.
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B. Approvals. The developer shall meet all applicable requirements
as follows:
1. Prior
to issuance of any discretionary approval, the developer shall submit
an inclusionary housing plan for review and approval by the director
of community development;
2. Prior
to issuance of a building permit, the developer shall submit original
documentation that the inclusionary housing agreement has been properly
recorded; and
3. If
the developer has elected to pay an in lieu fee, the developer shall
submit evidence that the fee has been paid in compliance with the
fee resolution adopted by the city council, prior to issuance of a
temporary or final certificate of occupancy for the housing development.
C. Construction Schedule. All inclusionary units in a housing
development project shall be constructed concurrently with or before
the construction of the non-inclusionary units.
1. Phasing. In the event a phased project is approved by the
city, required inclusionary units shall be provided proportionally
within each phase.
2. Occupants. New inclusionary units shall be occupied in the
following manner:
a. The units shall be offered first to qualified tenants displaced by
the activity of the city of Glendale, the former Glendale redevelopment
agency or the Glendale housing authority;
b. If inclusionary units remain available after offering units as described
above, the availability of inclusionary units shall be marketed pursuant
to the management plan for the project and consistent with the Implementation
Policies;
c. Whenever an inclusionary unit becomes available, the director of
community development shall be notified immediately in writing prior
to acting on tenant selection requirements described in the management
plan for the project.
(Ord. 5416 § 7, 2004; Ord. 5747 § 56, 2011; Ord. 5928 § 3, 2019)